Bernard, a private paving contractor, telephoned Gerald, his local MLA and former business associate, to discuss a bid that his company, Blacktop Solutions Inc. (Blacktop), submitted in response to a government tender that had recently closed. Bernard's business associate, Charles, was in Bernard's office when the call was made. Blacktop had successfully bid a number of government contracts in recent years. The conversation became tense when Gerald said, "Blacktop has stiff competition from three other bids." With the speak-a-phone on Bernard accused Gerald of accepting kickbacks in exchange for influencing government contracts. Gerald sues Bernard for defamation. a. What must Gerald prove to be successful? (4 points) b. What defenses could Bernard offer? (4 points)